Amending Terms Consumer Lending Laws

For consumer credit transactions made or renewed on or after January 1, 2024, the act modifies the requirements for alternative charges for loans not exceeding $1,000 as follows:

• Reduces the permissible acquisition charge on the original loan from 10% to 8% of the amount financed and increases the permissible acquistion charge on any refinanced loan from 7.5% to 8%;
• Reduces the permissible amount for a monthly installment account handling charge;
• Increases the minimum loan term from 90 days to 6 months;
• Eliminates delinquency charges for the loan;
• Amends the conditions upon which an acquisition charge must be refunded to the consumer by eliminating the 60-day deadline for prepaying in full, refinancing, or consolidating a loan and changes how the unearned portions of the acquisition charge and monthly installment handling charges are calculated;
• Details the requirements for an application for the loan and specifies how the loan application requirements impact a determination of unconscionability of the loan; and
• Decreases the number of times a lender may refinance a consumer loan from 3 times in a year to once in a year.

For consumer credit transactions made or renewed on or after July 1, 2024, the act:

• Opts Colorado out of the amendments to the "Federal Deposit Insurance Act", the federal "National Housing Act", and the "Federal Credit Union Act" and specifies that rates established in the Colorado "Uniform Consumer Credit Act" apply to consumer credit transactions in this state; and
• Repeals provisions specifying that lender or seller credit cards issued by a credit card bank or financial institution are subject to limitations on finance charges in statute and instead specifies that genera-purpose credit cards are not subject to limits on finance charges and fees applicable to consumer credit transactions specified in state law.

APPROVED by Governor June 5, 2023

PORTIONS EFFECTIVE June 5, 2023

PORTIONS EFFECTIVE July 1, 2024

PORTIONS EFFECTIVE January 1, 2024
(Note: This summary applies to this bill as enacted.)